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(영문) 광주지방법원 목포지원 2016.11.17 2016고단1117
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received a summary order or judgment of KRW 3 million due to a fine of KRW 1 million for a violation of the Road Traffic Act on November 17, 2009, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) on April 12, 201, a fine of KRW 2 million for a violation of the Road Traffic Act on February 21, 201, and a violation of the Road Traffic Act (driving) on February 21, 2012.

On August 30, 2016, at around 23:35, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of 0.117% while under the influence of alcohol content, even though the Defendant had been driving twice or more at a section of about 1k from the front of the 2nd apartment house in Hepo City, to the front road of the sewage treatment station in Heponam-ro, Nampool-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and inquiry into the enemy;

1. Previous records before ruling: Application of criminal records, inquiry reports and investigation reports (report on the confirmation of criminal records of the same kind of suspect) Acts and subordinate statutes;

1. Relevant Acts of crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be postponed on the condition of probation and compliance driving lecture taking into consideration favorable circumstances, such as the fact that the degree of alcohol content is relatively high for the reason of sentencing under Article 62-2 of the Criminal Act, that there is three times before a drunk driving, that there is no penalty force exceeding a fine, that there is no penalty force exceeding a fine, that support the wife and four children, and that there is against the wrongness, etc.

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